UPS Truck Accident

The United Parcel Service (UPS) operates nationwide, using its well-known brown UPS trucks to deliver packages and documents to residents and businesses alike. While the majority of these deliveries occur without incident, some unfortunate cases result in catastrophic accidents that inflict significant burdens on victims, including steep medical expenses, lost income, pain, and emotional distress, among other damages.

Navigating the complexities of liability and insurance in these scenarios can prove more difficult than one might expect. UPS drivers function as employees, meaning that any damages they incur while performing their duties ultimately fall under the responsibility of the UPS company. Given that the damages and insurance coverage involved in UPS accidents tend to be substantial, victims often receive settlements amounting to thousands or even millions of dollars. In essence, the stakes in such cases are considerably high.

At Caldwell Wenzel & Asthana Injury Lawyers, we are adept in handling UPS truck accident cases throughout Alabama. With our experienced team of attorneys, we are committed to helping accident victims seek the compensation they deserve. Contact us at (251) 444-7000 for a free consultation.

Contact Caldwell Wenzel & Asthana Injury Lawyers at (251) 444-7000 to book a free phone, video, or in-person consultation.

UPS Truck Safety Rules and Regulations

UPS drivers cover extensive distances each year, making accidents a statistical likelihood. What distinguishes UPS accidents from typical car crashes is the immense size and weight of their delivery vehicles. A standard UPS delivery truck can weigh anywhere from 16,000 to 24,000 pounds, resulting in significant force during collisions, often leading to severe consequences.

The Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of Transportation (DOT) have established regulations to uphold safety standards for large tractor-trailers and other commercial vehicles to address the safety hazards posed by such hefty trucks. These regulations include:

• Mandated driver training prerequisites
• Requirements for truck repair and maintenance
• Compulsory driver records tracking hours of service
• Implementation of drug and alcohol prevention programs for drivers.

These rules and regulations have undoubtedly prevented numerous accidents, saving countless lives since their enactment. Unfortunately, despite these measures, many still endure severe injuries or even fatalities in UPS accidents.

Types of UPS Truck Accidents

The most common types of UPS truck accidents include:

• Blindspot Collisions: Every vehicle has blind spots obstructing the driver’s view of other vehicles while changing lanes. Due to their larger size, UPS vehicles have more extensive blind spots than typical passenger cars, increasing the risk of accidents when a UPS driver switches lanes.
• Trailer Sway: Many UPS trucks are tractor-trailers susceptible to trailer sway. This occurs when the sizable trailer sways into another lane, posing a danger to nearby vehicles.
• Cargo Shift: Proper balance and even cargo distribution within a UPS truck are essential to prevent cargo shift. The company and the driver are responsible for inspecting the load, ensuring it is balanced and not overloaded. When cargo unexpectedly shifts, it can result in a truck collision.

Causes of a UPS Truck Accident

Delivery truck accidents, including those involving UPS vehicles, can stem from various factors, as other car accidents can. UPS delivery truck operators undergo training but can still err, which may entail negligence or reckless behavior. Negligence includes actions such as distracted driving, speeding, and non-compliance with traffic regulations.

Common contributing factors to UPS delivery truck accidents include:

• Texting while driving
• Inadequate commercial vehicle maintenance
• Equipment malfunctions like worn brakes or parking brakes
• Failure to perform safety checks
• Adverse weather conditions
• Improper cargo loading
• Neglecting to engage the parking brake during deliveries
• Reversing on the road to backtrack after passing a delivery address
• Operating under the influence of alcohol or drugs
• Disregarding traffic laws
• Failing to yield while merging into traffic, especially from driveways
• Fatigue or drowsy driving.

Common Injuries After Experiencing UPS Truck Accidents

Following your accident, you may find yourself grappling with severe injuries that disrupt your ability to lead a normal life. These injuries can include:

• Sprain or Strain: The abrupt impact during the crash can cause the head and neck to jolt forward and backward, resulting in torn ligaments, muscles, and tendons.
• Back and Spinal Cord Injuries: The sheer force of a truck accident can induce back injuries, including conditions like herniated discs or spinal cord damage that may result in paralysis.
• Broken Bones: The substantial weight of a UPS truck can lead to fractures in various body parts, such as the arms, legs, ribs, or pelvis.
• Traumatic Brain Injuries (TBI): A blow to the head during a UPS truck accident can trigger traumatic brain injuries, potentially causing cognitive impairments, memory loss, and alterations in personality.
• Internal Injuries: UPS truck accidents have the potential to cause internal harm, such as organ damage or internal bleeding, which can be life-threatening.
• Emotional Trauma: Truck accidents can be profoundly traumatic events, and victims often grapple with emotional distress, including depression, anxiety, or PTSD.

What to Do After a UPS Truck Accident

After a UPS truck accident, taking the right steps can significantly impact the outcome of your case. Here’s a guide on what to do:

•  Contact emergency services: Right after the accident, first assess whether anyone has sustained injuries and immediately call 911 to request the presence of law enforcement officers at the scene. While awaiting their arrival, administer first aid to any injured individuals. Police officers will conduct an investigation, preparing a comprehensive police report. This report will include witness names, scene diagrams, details of any violations, and issued citations.
• Take Photographs: Whenever possible, take numerous photographs at the accident site. These photos can serve as vital pieces of evidence regarding the incident. Document the vehicles involved and their damages, including the UPS vehicle, recording its license plate and vehicle number. Additionally, take pictures of any injuries you may have sustained. These pictures will assist your attorney in documenting the events and establishing the driver’s liability.
• Collect Witness Information: If there were any witnesses to the accident, request their contact details before they leave the scene. Since witnesses are impartial third parties, their testimony can be instrumental in determining fault.
• Organize Accident-Related Records: Create a file to compile and keep all documents related to the accident. Some of the documents to include are:
  • Photographs
  • Medical bills
  • Diagnostic and laboratory reports
  • Property damage assessments
  • Paystubs and wage statements reflecting lost income
  • Any other expenditures linked to the collision.
• Contact an Attorney: Contact an experienced Alabama UPS truck accident lawyer immediately. They will guide you through the legal process and protect your rights.

Why Choose Caldwell Wenzel & Asthana Injury Lawyers?

When dealing with the aftermath of a UPS truck accident, choosing the right legal representation is essential. Here are several compelling reasons to consider us for your case:

• Experience: Our attorneys have experience handling personal injury cases, including those involving UPS truck accidents. We have successfully represented numerous clients in Alabama, achieving favorable outcomes and substantial settlements.
• Comprehensive Legal Support: Our legal team provides comprehensive support, from initial consultations to trial if necessary. We handle all aspects of your case, including gathering evidence and interviewing witnesses to build a strong case on your behalf.
• Resources: We have the resources, expertise, and network of experts necessary to investigate your case thoroughly. We leave no stone unturned when building a strong case on your behalf.
• Personalized Attention: We understand that each UPS truck accident case is unique. We provide personalized services tailored to your circumstances, ensuring you receive the attention and support you need during this challenging time.

You need an experienced UPS truck accident attorney to handle your UPS truck accident case. Contact Caldwell Wenzel & Asthana Injury Lawyers at (251) 444-7000 to schedule a free phone, video meeting, or in-person consultation.

Who Can Be Held Liable in a UPS Truck Accident?

Liability in a UPS truck accident hinges on various factors, including the accident’s cause and the parties involved. Typically, the following entities could be deemed liable in a UPS truck accident:

• UPS: UPS bears responsibility for any negligence exhibited by their drivers. Additionally, UPS may face liability for a truck accident due to its independent negligence, including negligent hiring practices, inadequate training, subpar maintenance, failure to enforce discipline, or improper cargo loading.
• The UPS Truck Driver: If the truck driver’s negligence led to the accident, they share liability with their employer, UPS, for the resulting damages. In practical terms, however, UPS usually assumes the primary financial responsibility for the consequences.
• Maintenance and Repair Providers: When an accident stems from a mechanical malfunction or maintenance-related problem, the responsibility may fall on the entities responsible for repair and maintenance. This could involve UPS’s in-house maintenance division or an external third-party service provider.
• Other Motorists: In certain instances, the involvement of other drivers on the road can play a role in UPS truck accidents. If another driver’s negligence led to the accident, they may be held accountable for their actions.
• Manufacturers or Suppliers: When an accident is linked to a defect in the UPS truck or any of its components, the manufacturer or distributor of the flawed parts may also share some degree of liability.

How We Can Help With Your Case

Here is how Caldwell Wenzel & Asthana Injury Lawyers can help your case:

• Case Evaluation: Our lawyers will assess the details of your case to determine its strength and potential for compensation.
• Investigation: We will conduct an investigation to interview witnesses, gather evidence, and consult with experts to build a strong case.
• Negotiation: We will negotiate with the at-fault party’s insurance company to secure a fair settlement that covers your lost wages, medical expenses, and pain and suffering.
• Litigation: If a settlement cannot be reached, we will take your case to court and fight for your rights if necessary.

What Might You Be Able to Recover?

Unlike personal injury claims from car accidents, claims from UPS truck accidents tend to have a higher potential value due to the likelihood of more severe injuries and greater insurance coverage. Here are some types of compensation you can recover:

• Medical costs
• Expenses for physical therapy
• Income loss
• Pain and suffering
• Loss of functionality
• Permanent disability
• Wrongful death compensation.

What Is the Time Limit for Filing a UPS Truck Accident Claim?

In Alabama, individuals generally have a two-year window from the date of their UPS truck accident to initiate a lawsuit. Nevertheless, there are a couple of exceptions to this statute of limitations. For instance, if a minor sustains injuries in a UPS truck accident, they have two years to file a lawsuit starting from the date they reach the age of 19. Additionally, the limitations period may be temporarily paused, or “tolled,” for individuals who have suffered a disability and have been legally declared incapacitated by a court. They will have two years to file their lawsuit once they regain capacity.

Can I Still Recover Compensation if I Am Partially at Fault for My UPS Truck Accident?

Regrettably, you cannot do so in Alabama. This underscores the importance of being cautious about your statements following a UPS truck collision. Contributory negligence serves as an affirmative defense, including any type of negligence that directly contributes to a victim’s injuries. It effectively bars a victim from recovering any damages if proven. To put it differently, a party who shares responsibility for an accident, even if only 1% at fault, cannot hold accountable a party who bears 99% of the blame. Insurance companies often establish contributory negligence primarily through a victim’s statements, underscoring the crucial reason you should avoid speaking to an insurer without legal representation.

Contact an Alabama UPS Truck Accident Lawyer

If you’ve been involved in a UPS truck accident in Alabama, don’t navigate the legal complexities alone. Contact Caldwell Wenzel & Asthana Injury Lawyers at (251) 444-7000 for a free consultation.

Our team is ready to fight for your rights, help you recover compensation, and provide the legal support you need during this challenging time. Let us be your trusted advocates in seeking justice and holding those responsible accountable for their actions.